Washington Liquor Control Board filed its notice of appeal to the 9th Circuit on the issue of paying nearly all of the attorney fees to Costco despite winning 7/9 of the litigation. Their notice is here. Also, the Washington Beer & Wine Wholesalers Association filed their notice of appeal as well. Their appeal is here. The…Read More
4th Circuit Rules Against State of Maryland in TFWS Case.
July 15, 2009 21st Amendment Alcohol Regulation Supreme Court
Very disappointing but not surprising decision from 4th Circuit today ruling against the state on the Maryland laws on price posting , price holdand quantity discount ban. This decision seemed to be a certainty when an entire new panel of 4th Circuit judges came out for oral argument. Personally, I think the court just wanted to…Read More
Law Banning Consumption or Possession of Alcohol By Minors Unconstitutional in SC?
July 15, 2009 Alcohol Regulation
I am not sure how long this order-of-dismissal will stand but apparently a judge in South Carolina decided that the laws against minor’s possesion of alcohol or consuming alcohol are unconsititutional. This will go to a higher court for a second opinion. Here is an article about this decision.
Great win for the State of New York on 21st Amendment
July 1, 2009 21st Amendment Alcohol Regulation Supreme Court
A very impressive win for New York today as the Second Circuit rejected a challenge by an out-of-state retailer seeking to sell to NY consumer. In a strong opinion by Circuit Judge Wesley and a very informational concurrence by Circuit Judge Calabresi, the Second Circuit rejected the claims of the plaintiff. The decision notes that…Read More
State Right to Regulate (Banks) Upheld by U.S. Supreme Court
June 29, 2009 Alcohol Regulation Supreme Court
Today the U.S. Supreme Court held its final session. Traditionally the tougher cases on its docket are decided the last few days of the court term and today was no exception. In a close 5-4 decision, the Supreme Court upheld the rights of the states to enforce state laws against discrimination in mortgage lending against…Read More
